HomeMy WebLinkAbout5486ORDINANCE NO. 5 4 8 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE
CITY OF AUBURN TO EXECUTE A PURCHASE AND SALES AGREEMENT
FOR TAX PARCEL #334100-0088, OWNED BY DARREL AND RENATE
WHITCOMB, LOCATED ON THE WEST SIDE OF 104TH PLACE SE ALONG
THE EAST BANK OF THE GREEN RIVER APPROXIMATELY 225 FEET
SOUTH OF 320TH STREET SE FOR THE PURPOSE OF CONSTRUCTING
THE NEW LEA HILL BOOSTER PUMP STATION CITY PROJECT NUMBER
C9020.
WHEREAS, the City of Auburn is committed to constructing a new Water
Booster Pump Station to serve the increasing demands of the Lea Hill service
area; and
WHEREAS, this project requires the acquisition of property located in the
vicinity of the existing Lea Hill Booster Pump Station; and
WHEREAS, a vacant parcel located in the vicinity of the existing Lea Hill
Booster Pump Station was evaluated to be a feasible future site for a new
Booster Pump Station; and
WHEREAS, an appraisal report was completed by Greer, Patterson &
Associates, Inc., and a review appraisal was completed by The Granger
Company; and
WHEREAS, the owner has agreed to sell the property to the City of
Auburn for $70,000.00; and
Ordinance No. 5486
December 6, 2000
Page 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Purpose. The Mayor and City Clerk of the City of Auburn are
hereby authorized to execute the Purchase and Sales Agreement between
Darrel and Renate Whitcomb and the City of Auburn for property located
between the East banks of the Green River and 104th Place SE approximately
225 feet South of 320th Street SE as described in the Purchase and Sale
Agreement, which is attached hereto as Exhibit "1" and incorporated herein by
this reference. The purchase price of the property is $70,000.00 plus related
closing costs. The Mayor and City Clerk are hereby further authorized to
execute all additional documents required to finalize the purchase of said
property.
Section 2. Constitutionalitv or Invalidity. If any
section, subsection clause or phase of this Ordinance is for any reason held to
be invalid or unconstitutional such invalidity unconstitutionality shall not affect
the validity or constitutionality of the remaining portions of this Ordinance, as it
is being hereby expressly declared that this Ordinance and each section,
subsection, sentence, clause and phrase hereof would have been prepared,
proposed adopted and approved and ratified irrespective of the fact that nay
Ordinance No. 5486
December 6, 2000
Page 2
one or more section, subsection, sentence, clause or phase be declared invalid
or unconstitutional.
Section 3. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the direction of this legislation.
Section 4 . Effective Date. This Ordinance shall take effect and be in
force five (5) days from and after passage, approval, and publication as
provided by law.
INTRODUCED: December 18. 2000
PASSED: December 18, 2000
APPROVED: December 18.2000
-Cl." �� - (� 'A
CHARLES A. BOOTH
MAYOR
Ordinance No. 5486
December 6, 2000
Page 3
ATTEST:
!2A ' I �
�.nielle E. D.
City Clerk
Aff ROVE
D AS TO FORM:
eynolds,
City Attorney
PUBLISHED:
Ordinance No. 5486
December 6, 2000
Page 4
PURCHASE AND BALE AGREEMENT
In the matter of Project Number C9020, Lea Hill Booster Pump Property. Acquisition of Parcel
No. 334100-0088.
THIS AGREEMENT is made and entered into by and between the City of Auburn, a municipal
corporation of the State of Washington, hereinafter referred to as the "City", and the undersigned
owner(s) hereinafter referred to as the "Owner(s)":
WITNESSETH
WHEREAS, the City affirms and the Owner(s) agree(s) that the Owner's real property
described herein is required for public use by the City for construction of a new Water Booster Pump
Facility.
AND WHEREAS, the City has made a firm and continuing offer to pay the amount of Seventy.
Thousand Dollars and No Cents ($70,000.00), for the purchase of the following described real property
and property rights located in Auburn, King County, Washington, free and clear of lien, encumbrances
and security interests:
See "Exhibit A"
NOW THEREFORE, in consideration of the mutual covenants set forth herein, it is understood
and agreed that:
The real property and .property rights described in Exhibit A are required for public use
by the City for construction of a new Water Booster Pump Facility and Owner(s) agree
to sell and convey the real property and property rights to the City under the terms of
this Agreement. Owner(s) shall convey the real property and property rights by
Statutory Warranty Deed, free from all liens, encumbrances and security interests of
every Idnd, nature and description.
2. The City will issue a warrant in the amount of $70,000.00 as stated above, which will be
deposited into escrow with Pacific Northwest Title Company of Washington.
The City will pay normal costs of closing, such as escrow services, title reports and
recording fees. Any outstanding liens, .assessments, taxation encumbrances that may
have to be removed to provide clear title to the City are to be satisfied in escrow by the
Owner(s) out of the proceeds of the sale.
4. Delivery of this Agreement is hereby tendered. However, this Agreement shall not
become binding upon and enforceable against the City unless and until a resolution
authorizing the acquisition is approved by the City Council.
5. Closing shall occur no later than 45 days after the date on which the last signature is
Ordinance 5486 1 OF 2
Exhibit 1
affixed herein.
6. The City shall be entitled to poss/ession/ immediately upon closing.
DATED this dJ0-day of yr000// 2000
City of Auburn
CHARLES A. BOOTTL MA'MR,
Danielle E. Daskam, City Clerk
ROVED AS TO FORM:
Michael I Reynolds, City Attorney
OWNER s):
�I ZOOd
D e
2 OF
Exhibit A
(Page 1 of 3)
SUPPLEMENTAL TITLE REPORT
The land referred to in this commitment is situated in the county of
King, State of Washington, and described as follows:
Beginning at a point on the westerly line of Green River Boulevard,
106.66 feet, south 17" east from the northeast corner of Lot 19 of
C.D. Hillman's Green River Addition No. 1, according to the plat
thereof recorded in Volume 17 of Plats, page 67, in King County,
Washington;
thence north 170 west, 106.66 feet along the westerly line of Green
River Boulevard to the northeast corner of Lot 19;
thence continuing along said westerly line, north 42030' east, 108.78
feet to the northeast corner of Lot 18;
thence north 88°41' west, 237 feet, more or less, to the easterly
bank of the Green River;
thence southwesterly along the easterly bank of the Green River, 212
feet, more or less, to a point which bears north 89041'07" west from
the TRUE POINT OF BEGINNING;
thence south 89041107" east, to the TRUE POINT OF BEGINNING;
EXCEPT THEREFROM any portion lying north of a line parallel to and
255 feet south as measured at right angles to the north line of the
northwest quarter of Section 17, Township 21 North, Range 5 East,
W.M., in King County, Washington;
EXCEPT any portion of the following described tract:
Commencing at the northeast corner of Tract 16 of C.D. Hillman's
Green River Addition No. 1, according to the plat thereof recorded
in Volume 17 of Plats, page 67, in King County, Washington, also
being the intersection of the southerly right-of-way of 320th Street
Southeast and the westerly rigbt-Of-way of 104th Place Southeast;
thence north 89°41107" west along said southerly right-of-way of 320th
Street Southeast adistance of 366.29 feet to the point of
beginning;
thence south 15"32102" east, a distance of 314.27 feet;
thence north 89°41'07" west, a distance of 24.73 feet to the east
bank of the Green River;
thence along said east bank north 19026'25" west 82.16 feet, north
13056140" west 77.38 feet, north 18019139" west 79.15 feet, north
10041'09" west 76.40 feet to said southerly right-of-way of 320th
Street Southeast;
thence south 89041'07" east, 25.61 feet to the point of beginning;
TOGETHER WITH that portion of the Green River Boulevard adjoining on
the east vacated by Board of County Commissioners under order of
vacation dated December 17, 1956.
(BEING KNOWN AS Parcel D of King County Boundary Line Adjustment
Number S921,0080, recorded under Recording Number 9307301336);
(continued)
Exhibit A
(Page 2 of 3)
SUPPLEMENTAL TITLE REPORT
LEGAL DESCRIPTION, continued:
TOGETHER WITH an undivided one-quarter interest in the following
described tract:
Commencing at the northeast corner of Tract 16, of C.D. Hillman's
Green River Addition No. 1, according to the plat thereof recorded
in Volume 17 of Plats, page 67, in King County, Washington, also
being the intersection of the southerly right-of-way of 320`" Street
Southeast and the westerly right-of-way of 104`" Place Southeast, -
thence north 89°41.07" west along said southerly right-of-way of 320C°
Street southeast a distance of 366.29 feet to the point of
beginning;
thence south 15°32102" east, a distance of 314.27, feet;
thence north 89°41'07" west, a distance of 24.73 feet to the east
bank of the Green River;
thence along said east bank north 19°26'25" west 82.16 feet, north
13056'40' west 77.38 feet, north 18°19139" west 79.15 feet, north
10041109' west 76.40 feet to said southerly right-of-way of 320te
Street Southeast;
thence south 89°41'07" east, 25.61 feet to the point of beginning;
County Boundary Line
Number S92L00 0,N AS Precorded under arcel E of gRecording Number 9307301meat
336)
END OF LEGAL DESCRIPTION
---� e.n.r u.. ...T .e. .. •T..n' —'— noni na.n nue ws no•or nn,Dv,TT --
Exhibit A
(Page 3 of 3)
14
• ^'� Nag 41'07
89' r,
v\y A'. `'' ( `,.! o ; •.:1 fi "^'+,• = ; ti 81'x°
��PARCEL A "I
u •."m P °,'••,1 25603.8 8G FT J
42. 2 rr�^'`N89 47 07'N
PARCEL B �z ,Az'°
.` 'n r >..g \ _ ;.,,.� r I, „i5491jo8 So FT 30/�a► .
�� ± dNAL.LOT LMES (TYP):
t\` b less• 4
r.,yY ,'' NSSx41.07 N C-.
`PARCEL G `i W
1541533 as F - 02:
BAST BANK
�. PARCEL D\ • ~ $1 / O
1
Z.
& PACIFIC NORTHWEST TITLE COMPANY N
Order No. L!1 5ci lei
IMPORTANT: This is not a Plat of Survey. It is furnished as a convenience to locate
the land indicated hereon with reference to streets and other land. No liability is
assumed by reason of reliance hereon.
RETURN TO:
CITY OF
25 WEST
AUBURN,
3. 10. f . L;
��- V -b,5
!@81010102001232
IC NW TIT WO
OF 008
KNZ�C14A8
WY4
AUBURN
MAIN STREET E1795081
WA 98001-4998
PACIFIC NORTHWIEgr TTTLE
Reference t (if applicable)
Additional on Page: _
Grantor(s):
01/02/2001 13:80
KING COUNTY, WA 00
SALE 0.00
STATUTORY WARRANTY DEED
FF8
PAGE 001 OF 00$(,'."
PACIFIC NORTHWEST TITLE COMPANY
&/ice TVA) r h1159/9 -I2
DARREL G. WHITCOMB
nnivHrri H. Wril'1'GUMB
Additional on Page:
Granteels): CITY OF AUBURN
Additional on Page: _
Legal Description: LOTS 18-20, CD HILLMAN'S GREEN
cv RIVER ADDN #1, VOL 7, PG 67
cvAdditional on Page: _
`
.— Assessor's Tax Parcel lD/ 334100-0088-07
0
THE GRANTOR DARREL G. WHITCOMB AND RENATE A.
AND WIFE WHITCOMB, HUSBAND
0
o for and in consideration of GOVERNMENT TRANSFER IN LIEU OF EMINENT DOMAIN
C=D in hand paid, conveys and warrants to CITY OF AUBURN, A MUNICIPAL CORPORATION
0
the following described real estate, situated in the County of KING , State of Washington:
AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO.
SUBJECT TO: EXHIBIT "B" ATTACHED HERETO.
THIS DEED IS GIVEN UNDER THE THREAT OF AND IN LIEU OF
EMINENT DOMAIN.
.0♦
'4.� �� ��l/
DARREL G. WHITEOMB
arc, �- 6��^C�'f,,..(�
RENATE A. WHITCOMB
V1OR10A NOTARY PAGE
STATE OF WASM0*T N— }
�"/n/' �.�'' } as.
County of -A }
certify th t I�kno�w or have satisfactory evidence that /��/��y, /{j//�� nyy�� ¢.
G><F �
is the person(s) who appeared before me, and said person(s) acknowledged that (he, she, they) signed this
instrument and acknowledged it to be (his, her, their) free and voluntary act for the uses and purposes
mentioned in this instrument.
Dated:
Notary Publjg in and for the State of Wasirirrgton
Printed Nanfe
Residing at
r f�
My appointment expires
�'+•:"' MARY E. WINTER
MY COMMISSION s CC 877195
' ?`:� • {a EXPIRES: January 30, 206=
It
!\Q• aa1ded TWu Nmy neat unctt r,..:
--------------
cv
m STATE OF WASHINGTON }
r
} ss.
o County of }
0
cr I hereby certify that I know or have satisfactory evidence that
0
CD is the Person(s) who appeared before me, and said pereonlcl acknowledged that (he, she, they) signed this
instrument, on oath stated that
0
authorized to execute the instrument and acknowledge it as the
0 of
c�
act of such party for the uses and purposes mentioned in this instrument. to be the free and voluntary
Notary Public in and for the State of Washington
Printed Name
Residing at
My appointment expires
EXHIBIT A
The land referred to in this warranty deed is situated in the county of
King, State of Washington, and described as follows:
Beginning at a point on the westerly line of Green River Boulevard,
106.66 feet, south 17° east from the northeast corner of Lot 19 of
C.D. Hillman's Green River Addition No. 1, according to the plat
thereof recorded in Volume 17 of Plats, page 67, in King County,
Washington;
thence north 170 west, 106.66 feet along the westerly line of Green
River Boulevard to the northeast corner of Lot 19;
thence continuing along said westerly line, north 42030' east, 108.78
feet to the northeast corner of Lot 18;
thence north 88041' west, 237 feet, more or less, to the easterly
bank of the Green River;
thence southwesterly along the easterly bank of the Green River, 212
feet, more or less, to a point which bears north 89°41'07" west from
the TRUE POINT OF BEGINNING;
thence south 89041'07" east, to the TRUE POINT OF BEGINNING;
EXCEPT THEREFROM any portion lying north of a line parallel to and
255 feet south as measured at right angles to the north line of the
northwest quarter of Section 17, Township 21 North, Range 5 East,
W.M., in King County, Washington;
EXCEPT any portion of the following described tract:
Commencing at the northeast corner of Tract 16 of C.D. Hillman's
cv Green River Addition No. 1, according to the plat thereof recorded
in volume 17 of Plats, page 67, in King County, Washington, also
aV being the intersection of the southerly right-of-way of 320th Street
I
Southeast and the westerly right-of-way of 104th Place Southeast;
o thence north 89041'07" west along said southerly right-of-way of 32 oth
Street Southeast a distance of 366.29 feet to the point of
beginning;
`— thence south 15032'02" east, a distance of 314.27 feet;
a
thence north 89°41107" west, a distance of 24.73 feet to the east
bank of the Green River;
thence along said east bank north 19026125" west 82.16 feet, north
13056'40" west 77.38 feet, north 18019'39" west 79.15 feet, north
10041109" west 76.40 feet to said southerly right-of-way of 320th
Street Southeast;
thence south 89°41'07" east, 25.61 feet to the point of beginning;
TOGETHER WITH that portion of the Green River Boulevard adjoining on
the east vacated by Board of County Commissioners under order of
vacation dated December 17, 1956.
(BEING KNOWN AS Parcel D of King County Boundary Line Adjustment
Number S921,0080, recorded under Recording Number 9307301336);
(legal description, continued)
LEGAL DESCRIPTION, continued:
TOGETHER WITH an undivided one-quarter interest in the following
described tract:
Commencing at the northeast corner of Tract 16, of C.D. Hillman's
Green River Addition No. 1, according to the plat thereof recorded
in Volume 17 of Plats, page 67, in King County, Washington, also
being the intersection of the southerly right-of-way of 320`" Street
Southeast and the westerly right-of-way of 104th Place Southeast;
thence north 89041'07" west along said southerly right-of-way of 320th
Street Southeast a distance of 366.29 feet to the point of
beginning;
thence south 15°32'02" east, a distance of 314.27 feet;
thence north 89041107" west, a distance of 24.73 feet to the east
bank of the Green River;
thence along said east bank north 19026'25" west 82.16 feet, north
13056140" west 77.38 feet, north 18019'39" west 79.15 feet, north
10041'09" west 76.40 feet to said southerly right-of-way of 320th
Street Southeast;
thence south 89041107" east, 25.61 feet to the point of beginning;
(BEING KNOWN AS Parcel E of King County Boundary Line Adjustment
Vv Number S921,0080, recorded under Recording Number 9307301336).
C
r
0
o END OF EXHIBIT A
N
0
0
0
0
N
EXHIBIT B
I. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING:
GRANTEE: State of Washington Department of
Game
PURPOSE: Pedestrian travel and sports
AREA AFFECTED: Parcel E of Boundary Line Adjustment
RECORDED: July 9, 1968
RECORDING NUMBERS: 6373893, 6373894 and 6373895
2. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING:
GRANTEE: King County, a legal subdivision of
the State of Washington
PURPOSE: Construct, reconstruct, maintain and
repair river bank protection and/or
other flood control works
AREA AFFECTED: Parcel E of Boundary Line Adjustment
RECORDED: September 26, 1973
RECORDING NUMBER: 7309260387
3. RESTRICTIONS CONTAINED IN INSTRUMENT, AS HERETO ATTACHED:
n
5
RECORDED:
RECORDING NUMBER:
May 13, 1992
9205130434
COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, DEDICATIONS, NOTES
AND RECITALS, AND THE TERMS AND CONDITIONS THEREOF, CONTAINED IN
SURVEY:
RECORDED:
RECORDING NUMBER:
June 15, 1993
9306159007
RESTRICTIONS CONTAINED IN INSTRUMENT, AS HERETO ATTACHED:
RECORDED: June 15, 1993
RECORDING NUMBERS: 9306151022 AND 9306151023
(continued)
6. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN LOT
LINE ADJUSTMENT, COPY ATTACHED:
RECORDED: July 30, 1993
RECORDING NUMBER: 9307301336
7. Any question that may arise due to shifting and changing in course
of Green River.
B. Right of the state of Washington in and to that portion, if any, of
the property herein described which lies below the line of ordinary
high water of the Green River.
9. Any prohibition of or limitation of use, occupancy or improvement of
the land resulting from the rights of the public or riparian owners
to use any portion which is now or has been formerly covered by
water.
10. Right of the State of Washington in and to that portion, if any, of
the property herein described which lies within the former bed of
the Green River.
END OF EXHIBIT B
Cv
m
fV
O
O
h
O
O
O
O
N